Aman Kumar @ Godu Singh @ Golu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64041 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== Aman Kumar @ Godu Singh @ Golu Singh Son of Sitaram Singh Resident of Village- Nipaniya, P.S.- Phulwaria, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 09.07.2022 in connection with Phulwaria P.S. Case No. 114 of 2022, F.I.R. dated 09.07.2022 for the offences punishable under Sections 120B, 302/34 of the Indian Penal Code and Section 27(iii) of the Arms Act.

According to prosecution case, all the accused persons including the petitioner in criminal conspiracy murdered the husband of the informant.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.64041 of 2022(3) dt.10-04-2023 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that there is no allegation of any assault or over act against the petitioner rather the allegation against the petitioner is that he took the deceased from his house on the alleged date of occurrence. He further submits that the informant is not the eye witness of the alleged occurrence and except the suspicion, no other cogent material has come to suggest that the petitioner was involved in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 09.07.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Class, Begusarai in connection with Phulwaria P.S. Case No. 114 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.64041 of 2022(3) dt.10-04-2023 3/3 be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T